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Opinions Jan. 17, 2013

January 17, 2013
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Indiana Court of Appeals
Daniel Brewington v. State of Indiana
15A01-1110-CR-550
Criminal. Reverses convictions and sentences for intimidation of Dr. Edward Connor and intimidation of Heidi Humphrey and remands with instructions to vacate, which does not alter Daniel Brewington’s aggregate sentence. Affirms conviction for intimidation of Judge James Humphrey and for attempted obstruction of justice relating to Connor. Affirms in all other respects.

Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler
53A01-1207-CT-315
Civil tort. Affirms denial of Ballaban’s motion to correct error and the grant of summary judgment in favor of the Bloomington Jewish Community Inc. and other appellees on his complaint after he was fired as rabbi for Beth Shalom. Finds evidence supporting the ruling that the ministerial exception applies. Denies appellees’ request for attorney fees. Judges Vaidik and Bailey concur in result in separate opinions.  

Kyle W. Dixon v. Ara J. Dixon
34A05-1206-DR-303
Domestic relation. Affirms order granting the notice of intent to relocate filed by Ara Dixon. The mother’s intent to relocate was made in good faith and not in haste, and father would be able to maintain virtually the same parenting time schedule.

Marilyn Carter v. State of Indiana (NFP)
49A02-1206-CR-457
Criminal. Affirms convictions for Class A misdemeanors resisting law enforcement and battery.

B.B., Jr. v. State of Indiana (NFP)
45A03-1205-JV-228
Juvenile.  Affirms adjudication as a delinquent for having committed what would be Class A misdemeanor cruelty to an animal if committed by an adult.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort.  Grants rehearing to clarify original opinion and affirms, in which the Court of Appeals reversed summary judgment for Hunt on a negligence claim. Judge Riley would deny rehearing.

Steven Newville v. State of Indiana (NFP)
34A02-1205-CR-379
Criminal. Affirms Class A felony conviction of attempted rape.

Garrick P. Twiford, Jr. v. State of Indiana (NFP)
20A04-1205-CR-284
Criminal. Affirms conviction of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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